Profile description
SPECIALISMS
CHANCERY
As an experienced Chancery practitioner James has particular experience in the areas highlighted below. In addition to the relevant courts, James has appeared in the Property Chamber of the First-tier Tribunal and also represents clients at arbitrations and mediations. James is a member of the Society of Trust and Estate Practitioners (STEP).
Wills, Probate and Administration of Estates
Interpretation of wills and deeds of variation, intestacy, challenges to wills, probate actions, removal and substitution of personal representatives, issues arising out of the administration of estates, claims under the Inheritance Act and applications to the court for directions and orders.
Trusts and Settlements
The variation, rectification and termination of trusts. Interpretation of trust documentation, challenges to the validity of trusts, administration of trusts, removal of trustees, allegations of breach of trust and tracing against trustees and third parties.
Land and Real Property
Land registration issues, adverse possession and title issues, equitable interests in land, including trusts of land, co-ownership (TOLATA) and proprietary estoppel, trespass, nuisance and boundary disputes, mortgages, easements, restrictive and positive covenants, commons and village greens.
Landlord and Tenant
Commercial, residential and agricultural tenancies. Interpretation of leases, forfeiture and actions for breach of covenant, statutory regulation of tenancies including business tenancy renewals, leasehold enfranchisement and extension, service charges and commonhold.
Commercial
Consumer and commercial contracts, sale of goods, company and partnership law, directors' duties and liabilities (including disqualification), professional negligence and insolvency.
MENTAL HEALTH AND COURT OF PROTECTION
As society intensifies its focus on the vulnerable James has found increasing instructions to deal with those suffering from mental health issues. These have encompassed representing patients detained under the Mental Health Act at tribunals through to the Court of Protection representing “P” local authorities and the official solicitor dealing with such issues as DOLS, best interests, deputyships, powers of attorney and statutory wills.
AGRICULTURE AND RURAL AFFAIRS
James has developed a niche practice in this area. As head of Trinity’s Agricultural Practice Group, James receives regular instructions in both contentious and non-contentious matters relating to both the local rural community and elsewhere in the country.
He is often instructed in cases concerning agricultural tenancies, farm partnership disputes and the application of Agricultural Property Relief.
His chancery practice has stood him in good stead for dealing with property related disputes such as rights of way, other easements and boundaries. On a private client aspect James has received instructions on the ownership of farms and stock resulting from issues of succession and trusts. James is often called upon to advise on disputes arising from partnerships involving agricultural land and property.
James has built up a strong regulatory practice and has thus been instructed in cases stemming from environmental offences, health and safety, animal welfare, nuisance, and trading standards.
REGULATORY
Many areas of James’ civil practice encompass regulatory issues. As such, James is in the rather unique position to provide his clients with an all-encompassing service dealing with both aspects of their case.
James has particular expertise in the following areas:
• Environmental Protection
• Health and Safety breaches
• Agricultural provisions
• Trading standards
• Inquests
He has been appointed to the List of Specialist Regulatory Advocates in Health and Safety and Environmental Law and is regularly instructed by local authorities to prosecute on their behalf. Cases have encompassed unfair consumer regulations, weights and measures, trade descriptions and health and safety. He also receives instructions to defend military personnel in court martials.
POLICE LAW
James is instructed by local police forces to provide representation and advice on operational police law and litigation.
Civil Applications
James has been instructed in the full range of civil restraint orders such as SOPOs, ASBO’s, Closure Orders; appeals to the Crown court such as firearms, cash detention and forfeiture. He has also acted in police property act hearings and licensing hearings.
Inquests
He has represented police forces and individual officers at inquests
Discipline
James has been instructed as legal advisor to the panel at misconduct hearings in addition to representing the police force themselves. He has appeared in appeals to the PAT
Disclosure
James has been instructed to act as independent counsel to assist the police in the execution of warrants where LPP or excluded material is thought to exist. He has also been involved in cases of reviewing seized material for LPP
He has been instructed to represent the police in third party applications for disclosure
Personal Injury & Clinical Negligence
James is instructed both for Claimants and Defendants across the whole range of personal injury issues including fatal accidents. He has experience in drafting the required pleadings and has appeared in both the County and High Courts in respect of liability and quantum issues.
CASES
Anderson v Spencer [2018] EWCA Civ 100, [2018] 2 F.C.R. 1
Court of Appeal upheld the judgment of Jackson J in that the High Court had an inherent jurisdiction to direct that DNA extracted from a sample provided by a deceased person while he was alive should be used for paternity testing after his death. The consent of the deceased's personal representative was not required.
Spencer v Anderson (Paternity Testing: Jurisdiction) [2016] EWHC 851 (Fam); [2016] Fam. 391; [2016] 3 W.L.R. 905; [2017] 2 All E.R. 846; [2017] 1 F.L.R. 1204; (2016) 151 B.M.L.R. 92; [2016] Fam. Law 808;
White Book 2017 Practice Direction 23BPD.3
Phipson on Evidence 19th Ed.
Chapter: Chapter 15 - Identification
Documents: (a) - DNA evidence
White Book 2018
Chapter: Section A - Civil Procedure Rules 1998 and Practice Directions
Documents: Practice Direction 23BPD.3 Applications Under Particular Statutes
Geo A Carter v Whorlton and Westwick Parish Council - Leeds County Court
Acting for the successful Claimant for a declaration that a right of way was for residential use over a village green in addition that the building of three new properties requiring use for the right of way would not be an excessive burden and within the original grant.
Crosbie v Potto Hall Management Ltd – First Tier Property tribunal
Acting for the respondent in the first tier property tribunal in a hearing concerning leasehold enfranchisement and the inclusion of restrictive covenants within the applicant’s property and reciprocal covenants. Respondents successful in resisting the application that there be no such covenants and of those included on the applicants’ property none were deemed to be reciprocal.
Genn v Mason – Leeds County Court
Property dispute over a farm and the land attached after sale by lots at public auction. Issues encompassed, width of rights of way, access points from the right of way, boundaries, construction of grants in the subsequent transfers dealing with use of the rights of way, various trespass and interference of such rights and harassment.
Cooper v Francis – Newcastle County Court
Application of a written agreement relating to property between a cohabitating couple both pre and post separation, and variation of its terms either written or orally.
H v J et al - High Court Chancery Division Newcastle District Registry
Representing successful claimant in her application for the pronouncement of a will, challenged on capacity, undue influence and want of knowledge and approval. Proceeded only on capacity in submissions the other two being dropped after cross examination of the defendant. Will pronounced.
Turner v Hinton – First Tier Property Tribunal
Acting for the Respondent when the applicant attempted to remove from the registry two car parking spaces claiming the Respondent had not had adverse possession of them. Judge found for the Respondent
R on the application of Siddique and Kingston Solicitors verses Clerk to the Justices Teesside Magistrates’ Court and Chief Constable of Cleveland Police
High Court - successfully represented the interested party in resisting an application for permission to judicially review the decision of the judge in the Magistrates’ Court in not awarding costs following the withdrawal of a cash forfeiture application
WHAT OTHERS SAY
"Very experienced in Chancery cases" Legal 500 2017
"Recommended for Chancery matters" Legal 500 2016
"Experienced in disputes arising from distributions of estates, wills and succession issues" Legal 500 2015
"A highly effective Chancery practitioner" Legal 500 2014
"James Kemp is noted for his ‘precise advice, given in a very timely and cost-effective way’" Legal 500 2013
APPOINTMENTS
Specialist Regulatory Advocates in Health and Safety and Environmental Law (Panel C)
MEMBERSHIPS
Society of Trust and Estate Practitioners (STEP)
LECTURES & SEMINARS
• Contentious Probate
• Agricultural law
• Trusts of Land
• Neighbour Disputes
• Civil litigation update
• Mock Coroners Inquest
• Expert Witnesses
• Environmental Damage - Interested Parties
PUBLICATIONS
In the blood
DNA tests; Deceased persons; Parentage.
Trusts and Estates Law & Tax Journal 196 (May) 20-23
Mind the Gap?
Anderson v Spencer
May [2018] Fam Law 592
DNA extracted from deceased may be tested in paternity dispute (Anderson v Spencer)
Lexis Nexus 19/02/2018
ADDITIONAL INFORMATION
James is a qualified PADI Master Scuba Diver. His interests include travel, photography and cycling.
He is direct access qualified and thus is able undertake suitable cases
SPECIALISMS
CHANCERY
As an experienced Chancery practitioner James has particular experience in the areas highlighted below. In addition to the relevant courts, James has appeared in the Property Chamber of the First-tier Tribunal and also represents clients at arbitrations and mediations. James is a member of the Society of Trust and Estate Practitioners (STEP).
Wills, Probate and Administration of Estates
Interpretation of wills and deeds of variation, intestacy, challenges to wills, probate actions, removal and substitution of personal representatives, issues arising out of the administration of estates, claims under the Inheritance Act and applications to the court for directions and orders.
Trusts and Settlements
The variation, rectification and termination of trusts. Interpretation of trust documentation, challenges to the validity of trusts, administration of trusts, removal of trustees, allegations of breach of trust and tracing against trustees and third parties.
Land and Real Property
Land registration issues, adverse possession and title issues, equitable interests in land, including trusts of land, co-ownership (TOLATA) and proprietary estoppel, trespass, nuisance and boundary disputes, mortgages, easements, restrictive and positive covenants, commons and village greens.
Landlord and Tenant
Commercial, residential and agricultural tenancies. Interpretation of leases, forfeiture and actions for breach of covenant, statutory regulation of tenancies including business tenancy renewals, leasehold enfranchisement and extension, service charges and commonhold.
Commercial
Consumer and commercial contracts, sale of goods, company and partnership law, directors' duties and liabilities (including disqualification), professional negligence and insolvency.
MENTAL HEALTH AND COURT OF PROTECTION
As society intensifies its focus on the vulnerable James has found increasing instructions to deal with those suffering from mental health issues. These have encompassed representing patients detained under the Mental Health Act at tribunals through to the Court of Protection representing “P” local authorities and the official solicitor dealing with such issues as DOLS, best interests, deputyships, powers of attorney and statutory wills.
AGRICULTURE AND RURAL AFFAIRS
James has developed a niche practice in this area. As head of Trinity’s Agricultural Practice Group, James receives regular instructions in both contentious and non-contentious matters relating to both the local rural community and elsewhere in the country.
He is often instructed in cases concerning agricultural tenancies, farm partnership disputes and the application of Agricultural Property Relief.
His chancery practice has stood him in good stead for dealing with property related disputes such as rights of way, other easements and boundaries. On a private client aspect James has received instructions on the ownership of farms and stock resulting from issues of succession and trusts. James is often called upon to advise on disputes arising from partnerships involving agricultural land and property.
James has built up a strong regulatory practice and has thus been instructed in cases stemming from environmental offences, health and safety, animal welfare, nuisance, and trading standards.
REGULATORY
Many areas of James’ civil practice encompass regulatory issues. As such, James is in the rather unique position to provide his clients with an all-encompassing service dealing with both aspects of their case.
James has particular expertise in the following areas:
• Environmental Protection
• Health and Safety breaches
• Agricultural provisions
• Trading standards
• Inquests
He has been appointed to the List of Specialist Regulatory Advocates in Health and Safety and Environmental Law and is regularly instructed by local authorities to prosecute on their behalf. Cases have encompassed unfair consumer regulations, weights and measures, trade descriptions and health and safety. He also receives instructions to defend military personnel in court martials.
POLICE LAW
James is instructed by local police forces to provide representation and advice on operational police law and litigation.
Civil Applications
James has been instructed in the full range of civil restraint orders such as SOPOs, ASBO’s, Closure Orders; appeals to the Crown court such as firearms, cash detention and forfeiture. He has also acted in police property act hearings and licensing hearings.
Inquests
He has represented police forces and individual officers at inquests
Discipline
James has been instructed as legal advisor to the panel at misconduct hearings in addition to representing the police force themselves. He has appeared in appeals to the PAT
Disclosure
James has been instructed to act as independent counsel to assist the police in the execution of warrants where LPP or excluded material is thought to exist. He has also been involved in cases of reviewing seized material for LPP
He has been instructed to represent the police in third party applications for disclosure
Personal Injury & Clinical Negligence
James is instructed both for Claimants and Defendants across the whole range of personal injury issues including fatal accidents. He has experience in drafting the required pleadings and has appeared in both the County and High Courts in respect of liability and quantum issues.
CASES
Anderson v Spencer [2018] EWCA Civ 100, [2018] 2 F.C.R. 1
Court of Appeal upheld the judgment of Jackson J in that the High Court had an inherent jurisdiction to direct that DNA extracted from a sample provided by a deceased person while he was alive should be used for paternity testing after his death. The consent of the deceased's personal representative was not required.
Spencer v Anderson (Paternity Testing: Jurisdiction) [2016] EWHC 851 (Fam); [2016] Fam. 391; [2016] 3 W.L.R. 905; [2017] 2 All E.R. 846; [2017] 1 F.L.R. 1204; (2016) 151 B.M.L.R. 92; [2016] Fam. Law 808;
White Book 2017 Practice Direction 23BPD.3
Phipson on Evidence 19th Ed.
Chapter: Chapter 15 - Identification
Documents: (a) - DNA evidence
White Book 2018
Chapter: Section A - Civil Procedure Rules 1998 and Practice Directions
Documents: Practice Direction 23BPD.3 Applications Under Particular Statutes
Geo A Carter v Whorlton and Westwick Parish Council - Leeds County Court
Acting for the successful Claimant for a declaration that a right of way was for residential use over a village green in addition that the building of three new properties requiring use for the right of way would not be an excessive burden and within the original grant.
Crosbie v Potto Hall Management Ltd – First Tier Property tribunal
Acting for the respondent in the first tier property tribunal in a hearing concerning leasehold enfranchisement and the inclusion of restrictive covenants within the applicant’s property and reciprocal covenants. Respondents successful in resisting the application that there be no such covenants and of those included on the applicants’ property none were deemed to be reciprocal.
Genn v Mason – Leeds County Court
Property dispute over a farm and the land attached after sale by lots at public auction. Issues encompassed, width of rights of way, access points from the right of way, boundaries, construction of grants in the subsequent transfers dealing with use of the rights of way, various trespass and interference of such rights and harassment.
Cooper v Francis – Newcastle County Court
Application of a written agreement relating to property between a cohabitating couple both pre and post separation, and variation of its terms either written or orally.
H v J et al - High Court Chancery Division Newcastle District Registry
Representing successful claimant in her application for the pronouncement of a will, challenged on capacity, undue influence and want of knowledge and approval. Proceeded only on capacity in submissions the other two being dropped after cross examination of the defendant. Will pronounced.
Turner v Hinton – First Tier Property Tribunal
Acting for the Respondent when the applicant attempted to remove from the registry two car parking spaces claiming the Respondent had not had adverse possession of them. Judge found for the Respondent
R on the application of Siddique and Kingston Solicitors verses Clerk to the Justices Teesside Magistrates’ Court and Chief Constable of Cleveland Police
High Court - successfully represented the interested party in resisting an application for permission to judicially review the decision of the judge in the Magistrates’ Court in not awarding costs following the withdrawal of a cash forfeiture application
WHAT OTHERS SAY
"Very experienced in Chancery cases" Legal 500 2017
"Recommended for Chancery matters" Legal 500 2016
"Experienced in disputes arising from distributions of estates, wills and succession issues" Legal 500 2015
"A highly effective Chancery practitioner" Legal 500 2014
"James Kemp is noted for his ‘precise advice, given in a very timely and cost-effective way’" Legal 500 2013
APPOINTMENTS
Specialist Regulatory Advocates in Health and Safety and Environmental Law (Panel C)
MEMBERSHIPS
Society of Trust and Estate Practitioners (STEP)
LECTURES & SEMINARS
• Contentious Probate
• Agricultural law
• Trusts of Land
• Neighbour Disputes
• Civil litigation update
• Mock Coroners Inquest
• Expert Witnesses
• Environmental Damage - Interested Parties
PUBLICATIONS
In the blood
DNA tests; Deceased persons; Parentage.
Trusts and Estates Law & Tax Journal 196 (May) 20-23
Mind the Gap?
Anderson v Spencer
May [2018] Fam Law 592
DNA extracted from deceased may be tested in paternity dispute (Anderson v Spencer)
Lexis Nexus 19/02/2018
ADDITIONAL INFORMATION
James is a qualified PADI Master Scuba Diver. His interests include travel, photography and cycling.
He is direct access qualified and thus is able undertake suitable cases
SPECIALISMS
CHANCERY
As an experienced Chancery practitioner James has particular experience in the areas highlighted below. In addition to the relevant courts, James has appeared in the Property Chamber of the First-tier Tribunal and also represents clients at arbitrations and mediations. James is a member of the Society of Trust and Estate Practitioners (STEP).
Wills, Probate and Administration of Estates
Interpretation of wills and deeds of variation, intestacy, challenges to wills, probate actions, removal and substitution of personal representatives, issues arising out of the administration of estates, claims under the Inheritance Act and applications to the court for directions and orders.
Trusts and Settlements
The variation, rectification and termination of trusts. Interpretation of trust documentation, challenges to the validity of trusts, administration of trusts, removal of trustees, allegations of breach of trust and tracing against trustees and third parties.
Land and Real Property
Land registration issues, adverse possession and title issues, equitable interests in land, including trusts of land, co-ownership (TOLATA) and proprietary estoppel, trespass, nuisance and boundary disputes, mortgages, easements, restrictive and positive covenants, commons and village greens.
Landlord and Tenant
Commercial, residential and agricultural tenancies. Interpretation of leases, forfeiture and actions for breach of covenant, statutory regulation of tenancies including business tenancy renewals, leasehold enfranchisement and extension, service charges and commonhold.
Commercial
Consumer and commercial contracts, sale of goods, company and partnership law, directors' duties and liabilities (including disqualification), professional negligence and insolvency.
MENTAL HEALTH AND COURT OF PROTECTION
As society intensifies its focus on the vulnerable James has found increasing instructions to deal with those suffering from mental health issues. These have encompassed representing patients detained under the Mental Health Act at tribunals through to the Court of Protection representing “P” local authorities and the official solicitor dealing with such issues as DOLS, best interests, deputyships, powers of attorney and statutory wills.
AGRICULTURE AND RURAL AFFAIRS
James has developed a niche practice in this area. As head of Trinity’s Agricultural Practice Group, James receives regular instructions in both contentious and non-contentious matters relating to both the local rural community and elsewhere in the country.
He is often instructed in cases concerning agricultural tenancies, farm partnership disputes and the application of Agricultural Property Relief.
His chancery practice has stood him in good stead for dealing with property related disputes such as rights of way, other easements and boundaries. On a private client aspect James has received instructions on the ownership of farms and stock resulting from issues of succession and trusts. James is often called upon to advise on disputes arising from partnerships involving agricultural land and property.
James has built up a strong regulatory practice and has thus been instructed in cases stemming from environmental offences, health and safety, animal welfare, nuisance, and trading standards.
REGULATORY
Many areas of James’ civil practice encompass regulatory issues. As such, James is in the rather unique position to provide his clients with an all-encompassing service dealing with both aspects of their case.
James has particular expertise in the following areas:
• Environmental Protection
• Health and Safety breaches
• Agricultural provisions
• Trading standards
• Inquests
He has been appointed to the List of Specialist Regulatory Advocates in Health and Safety and Environmental Law and is regularly instructed by local authorities to prosecute on their behalf. Cases have encompassed unfair consumer regulations, weights and measures, trade descriptions and health and safety. He also receives instructions to defend military personnel in court martials.
POLICE LAW
James is instructed by local police forces to provide representation and advice on operational police law and litigation.
Civil Applications
James has been instructed in the full range of civil restraint orders such as SOPOs, ASBO’s, Closure Orders; appeals to the Crown court such as firearms, cash detention and forfeiture. He has also acted in police property act hearings and licensing hearings.
Inquests
He has represented police forces and individual officers at inquests
Discipline
James has been instructed as legal advisor to the panel at misconduct hearings in addition to representing the police force themselves. He has appeared in appeals to the PAT
Disclosure
James has been instructed to act as independent counsel to assist the police in the execution of warrants where LPP or excluded material is thought to exist. He has also been involved in cases of reviewing seized material for LPP
He has been instructed to represent the police in third party applications for disclosure
Personal Injury & Clinical Negligence
James is instructed both for Claimants and Defendants across the whole range of personal injury issues including fatal accidents. He has experience in drafting the required pleadings and has appeared in both the County and High Courts in respect of liability and quantum issues.
CASES
Anderson v Spencer [2018] EWCA Civ 100, [2018] 2 F.C.R. 1
Court of Appeal upheld the judgment of Jackson J in that the High Court had an inherent jurisdiction to direct that DNA extracted from a sample provided by a deceased person while he was alive should be used for paternity testing after his death. The consent of the deceased's personal representative was not required.
Spencer v Anderson (Paternity Testing: Jurisdiction) [2016] EWHC 851 (Fam); [2016] Fam. 391; [2016] 3 W.L.R. 905; [2017] 2 All E.R. 846; [2017] 1 F.L.R. 1204; (2016) 151 B.M.L.R. 92; [2016] Fam. Law 808;
White Book 2017 Practice Direction 23BPD.3
Phipson on Evidence 19th Ed.
Chapter: Chapter 15 - Identification
Documents: (a) - DNA evidence
White Book 2018
Chapter: Section A - Civil Procedure Rules 1998 and Practice Directions
Documents: Practice Direction 23BPD.3 Applications Under Particular Statutes
Geo A Carter v Whorlton and Westwick Parish Council - Leeds County Court
Acting for the successful Claimant for a declaration that a right of way was for residential use over a village green in addition that the building of three new properties requiring use for the right of way would not be an excessive burden and within the original grant.
Crosbie v Potto Hall Management Ltd – First Tier Property tribunal
Acting for the respondent in the first tier property tribunal in a hearing concerning leasehold enfranchisement and the inclusion of restrictive covenants within the applicant’s property and reciprocal covenants. Respondents successful in resisting the application that there be no such covenants and of those included on the applicants’ property none were deemed to be reciprocal.
Genn v Mason – Leeds County Court
Property dispute over a farm and the land attached after sale by lots at public auction. Issues encompassed, width of rights of way, access points from the right of way, boundaries, construction of grants in the subsequent transfers dealing with use of the rights of way, various trespass and interference of such rights and harassment.
Cooper v Francis – Newcastle County Court
Application of a written agreement relating to property between a cohabitating couple both pre and post separation, and variation of its terms either written or orally.
H v J et al - High Court Chancery Division Newcastle District Registry
Representing successful claimant in her application for the pronouncement of a will, challenged on capacity, undue influence and want of knowledge and approval. Proceeded only on capacity in submissions the other two being dropped after cross examination of the defendant. Will pronounced.
Turner v Hinton – First Tier Property Tribunal
Acting for the Respondent when the applicant attempted to remove from the registry two car parking spaces claiming the Respondent had not had adverse possession of them. Judge found for the Respondent
R on the application of Siddique and Kingston Solicitors verses Clerk to the Justices Teesside Magistrates’ Court and Chief Constable of Cleveland Police
High Court - successfully represented the interested party in resisting an application for permission to judicially review the decision of the judge in the Magistrates’ Court in not awarding costs following the withdrawal of a cash forfeiture application
WHAT OTHERS SAY
"Very experienced in Chancery cases" Legal 500 2017
"Recommended for Chancery matters" Legal 500 2016
"Experienced in disputes arising from distributions of estates, wills and succession issues" Legal 500 2015
"A highly effective Chancery practitioner" Legal 500 2014
"James Kemp is noted for his ‘precise advice, given in a very timely and cost-effective way’" Legal 500 2013
APPOINTMENTS
Specialist Regulatory Advocates in Health and Safety and Environmental Law (Panel C)
MEMBERSHIPS
Society of Trust and Estate Practitioners (STEP)
LECTURES & SEMINARS
• Contentious Probate
• Agricultural law
• Trusts of Land
• Neighbour Disputes
• Civil litigation update
• Mock Coroners Inquest
• Expert Witnesses
• Environmental Damage - Interested Parties
PUBLICATIONS
In the blood
DNA tests; Deceased persons; Parentage.
Trusts and Estates Law & Tax Journal 196 (May) 20-23
Mind the Gap?
Anderson v Spencer
May [2018] Fam Law 592
DNA extracted from deceased may be tested in paternity dispute (Anderson v Spencer)
Lexis Nexus 19/02/2018
ADDITIONAL INFORMATION
James is a qualified PADI Master Scuba Diver. His interests include travel, photography and cycling.
He is direct access qualified and thus is able undertake suitable cases
SPECIALISMS
CHANCERY
As an experienced Chancery practitioner James has particular experience in the areas highlighted below. In addition to the relevant courts, James has appeared in the Property Chamber of the First-tier Tribunal and also represents clients at arbitrations and mediations. James is a member of the Society of Trust and Estate Practitioners (STEP).
Wills, Probate and Administration of Estates
Interpretation of wills and deeds of variation, intestacy, challenges to wills, probate actions, removal and substitution of personal representatives, issues arising out of the administration of estates, claims under the Inheritance Act and applications to the court for directions and orders.
Trusts and Settlements
The variation, rectification and termination of trusts. Interpretation of trust documentation, challenges to the validity of trusts, administration of trusts, removal of trustees, allegations of breach of trust and tracing against trustees and third parties.
Land and Real Property
Land registration issues, adverse possession and title issues, equitable interests in land, including trusts of land, co-ownership (TOLATA) and proprietary estoppel, trespass, nuisance and boundary disputes, mortgages, easements, restrictive and positive covenants, commons and village greens.
Landlord and Tenant
Commercial, residential and agricultural tenancies. Interpretation of leases, forfeiture and actions for breach of covenant, statutory regulation of tenancies including business tenancy renewals, leasehold enfranchisement and extension, service charges and commonhold.
Commercial
Consumer and commercial contracts, sale of goods, company and partnership law, directors' duties and liabilities (including disqualification), professional negligence and insolvency.
MENTAL HEALTH AND COURT OF PROTECTION
As society intensifies its focus on the vulnerable James has found increasing instructions to deal with those suffering from mental health issues. These have encompassed representing patients detained under the Mental Health Act at tribunals through to the Court of Protection representing “P” local authorities and the official solicitor dealing with such issues as DOLS, best interests, deputyships, powers of attorney and statutory wills.
AGRICULTURE AND RURAL AFFAIRS
James has developed a niche practice in this area. As head of Trinity’s Agricultural Practice Group, James receives regular instructions in both contentious and non-contentious matters relating to both the local rural community and elsewhere in the country.
He is often instructed in cases concerning agricultural tenancies, farm partnership disputes and the application of Agricultural Property Relief.
His chancery practice has stood him in good stead for dealing with property related disputes such as rights of way, other easements and boundaries. On a private client aspect James has received instructions on the ownership of farms and stock resulting from issues of succession and trusts. James is often called upon to advise on disputes arising from partnerships involving agricultural land and property.
James has built up a strong regulatory practice and has thus been instructed in cases stemming from environmental offences, health and safety, animal welfare, nuisance, and trading standards.
REGULATORY
Many areas of James’ civil practice encompass regulatory issues. As such, James is in the rather unique position to provide his clients with an all-encompassing service dealing with both aspects of their case.
James has particular expertise in the following areas:
• Environmental Protection
• Health and Safety breaches
• Agricultural provisions
• Trading standards
• Inquests
He has been appointed to the List of Specialist Regulatory Advocates in Health and Safety and Environmental Law and is regularly instructed by local authorities to prosecute on their behalf. Cases have encompassed unfair consumer regulations, weights and measures, trade descriptions and health and safety. He also receives instructions to defend military personnel in court martials.
POLICE LAW
James is instructed by local police forces to provide representation and advice on operational police law and litigation.
Civil Applications
James has been instructed in the full range of civil restraint orders such as SOPOs, ASBO’s, Closure Orders; appeals to the Crown court such as firearms, cash detention and forfeiture. He has also acted in police property act hearings and licensing hearings.
Inquests
He has represented police forces and individual officers at inquests
Discipline
James has been instructed as legal advisor to the panel at misconduct hearings in addition to representing the police force themselves. He has appeared in appeals to the PAT
Disclosure
James has been instructed to act as independent counsel to assist the police in the execution of warrants where LPP or excluded material is thought to exist. He has also been involved in cases of reviewing seized material for LPP
He has been instructed to represent the police in third party applications for disclosure
Personal Injury & Clinical Negligence
James is instructed both for Claimants and Defendants across the whole range of personal injury issues including fatal accidents. He has experience in drafting the required pleadings and has appeared in both the County and High Courts in respect of liability and quantum issues.
CASES
Anderson v Spencer [2018] EWCA Civ 100, [2018] 2 F.C.R. 1
Court of Appeal upheld the judgment of Jackson J in that the High Court had an inherent jurisdiction to direct that DNA extracted from a sample provided by a deceased person while he was alive should be used for paternity testing after his death. The consent of the deceased's personal representative was not required.
Spencer v Anderson (Paternity Testing: Jurisdiction) [2016] EWHC 851 (Fam); [2016] Fam. 391; [2016] 3 W.L.R. 905; [2017] 2 All E.R. 846; [2017] 1 F.L.R. 1204; (2016) 151 B.M.L.R. 92; [2016] Fam. Law 808;
White Book 2017 Practice Direction 23BPD.3
Phipson on Evidence 19th Ed.
Chapter: Chapter 15 - Identification
Documents: (a) - DNA evidence
White Book 2018
Chapter: Section A - Civil Procedure Rules 1998 and Practice Directions
Documents: Practice Direction 23BPD.3 Applications Under Particular Statutes
Geo A Carter v Whorlton and Westwick Parish Council - Leeds County Court
Acting for the successful Claimant for a declaration that a right of way was for residential use over a village green in addition that the building of three new properties requiring use for the right of way would not be an excessive burden and within the original grant.
Crosbie v Potto Hall Management Ltd – First Tier Property tribunal
Acting for the respondent in the first tier property tribunal in a hearing concerning leasehold enfranchisement and the inclusion of restrictive covenants within the applicant’s property and reciprocal covenants. Respondents successful in resisting the application that there be no such covenants and of those included on the applicants’ property none were deemed to be reciprocal.
Genn v Mason – Leeds County Court
Property dispute over a farm and the land attached after sale by lots at public auction. Issues encompassed, width of rights of way, access points from the right of way, boundaries, construction of grants in the subsequent transfers dealing with use of the rights of way, various trespass and interference of such rights and harassment.
Cooper v Francis – Newcastle County Court
Application of a written agreement relating to property between a cohabitating couple both pre and post separation, and variation of its terms either written or orally.
H v J et al - High Court Chancery Division Newcastle District Registry
Representing successful claimant in her application for the pronouncement of a will, challenged on capacity, undue influence and want of knowledge and approval. Proceeded only on capacity in submissions the other two being dropped after cross examination of the defendant. Will pronounced.
Turner v Hinton – First Tier Property Tribunal
Acting for the Respondent when the applicant attempted to remove from the registry two car parking spaces claiming the Respondent had not had adverse possession of them. Judge found for the Respondent
R on the application of Siddique and Kingston Solicitors verses Clerk to the Justices Teesside Magistrates’ Court and Chief Constable of Cleveland Police
High Court - successfully represented the interested party in resisting an application for permission to judicially review the decision of the judge in the Magistrates’ Court in not awarding costs following the withdrawal of a cash forfeiture application
WHAT OTHERS SAY
"Very experienced in Chancery cases" Legal 500 2017
"Recommended for Chancery matters" Legal 500 2016
"Experienced in disputes arising from distributions of estates, wills and succession issues" Legal 500 2015
"A highly effective Chancery practitioner" Legal 500 2014
"James Kemp is noted for his ‘precise advice, given in a very timely and cost-effective way’" Legal 500 2013
APPOINTMENTS
Specialist Regulatory Advocates in Health and Safety and Environmental Law (Panel C)
MEMBERSHIPS
Society of Trust and Estate Practitioners (STEP)
LECTURES & SEMINARS
• Contentious Probate
• Agricultural law
• Trusts of Land
• Neighbour Disputes
• Civil litigation update
• Mock Coroners Inquest
• Expert Witnesses
• Environmental Damage - Interested Parties
PUBLICATIONS
In the blood
DNA tests; Deceased persons; Parentage.
Trusts and Estates Law & Tax Journal 196 (May) 20-23
Mind the Gap?
Anderson v Spencer
May [2018] Fam Law 592
DNA extracted from deceased may be tested in paternity dispute (Anderson v Spencer)
Lexis Nexus 19/02/2018
ADDITIONAL INFORMATION
James is a qualified PADI Master Scuba Diver. His interests include travel, photography and cycling.
He is direct access qualified and thus is able undertake suitable cases
SPECIALISMS
CHANCERY
As an experienced Chancery practitioner James has particular experience in the areas highlighted below. In addition to the relevant courts, James has appeared in the Property Chamber of the First-tier Tribunal and also represents clients at arbitrations and mediations. James is a member of the Society of Trust and Estate Practitioners (STEP).
Wills, Probate and Administration of Estates
Interpretation of wills and deeds of variation, intestacy, challenges to wills, probate actions, removal and substitution of personal representatives, issues arising out of the administration of estates, claims under the Inheritance Act and applications to the court for directions and orders.
Trusts and Settlements
The variation, rectification and termination of trusts. Interpretation of trust documentation, challenges to the validity of trusts, administration of trusts, removal of trustees, allegations of breach of trust and tracing against trustees and third parties.
Land and Real Property
Land registration issues, adverse possession and title issues, equitable interests in land, including trusts of land, co-ownership (TOLATA) and proprietary estoppel, trespass, nuisance and boundary disputes, mortgages, easements, restrictive and positive covenants, commons and village greens.
Landlord and Tenant
Commercial, residential and agricultural tenancies. Interpretation of leases, forfeiture and actions for breach of covenant, statutory regulation of tenancies including business tenancy renewals, leasehold enfranchisement and extension, service charges and commonhold.
Commercial
Consumer and commercial contracts, sale of goods, company and partnership law, directors' duties and liabilities (including disqualification), professional negligence and insolvency.
MENTAL HEALTH AND COURT OF PROTECTION
As society intensifies its focus on the vulnerable James has found increasing instructions to deal with those suffering from mental health issues. These have encompassed representing patients detained under the Mental Health Act at tribunals through to the Court of Protection representing “P” local authorities and the official solicitor dealing with such issues as DOLS, best interests, deputyships, powers of attorney and statutory wills.
AGRICULTURE AND RURAL AFFAIRS
James has developed a niche practice in this area. As head of Trinity’s Agricultural Practice Group, James receives regular instructions in both contentious and non-contentious matters relating to both the local rural community and elsewhere in the country.
He is often instructed in cases concerning agricultural tenancies, farm partnership disputes and the application of Agricultural Property Relief.
His chancery practice has stood him in good stead for dealing with property related disputes such as rights of way, other easements and boundaries. On a private client aspect James has received instructions on the ownership of farms and stock resulting from issues of succession and trusts. James is often called upon to advise on disputes arising from partnerships involving agricultural land and property.
James has built up a strong regulatory practice and has thus been instructed in cases stemming from environmental offences, health and safety, animal welfare, nuisance, and trading standards.
REGULATORY
Many areas of James’ civil practice encompass regulatory issues. As such, James is in the rather unique position to provide his clients with an all-encompassing service dealing with both aspects of their case.
James has particular expertise in the following areas:
• Environmental Protection
• Health and Safety breaches
• Agricultural provisions
• Trading standards
• Inquests
He has been appointed to the List of Specialist Regulatory Advocates in Health and Safety and Environmental Law and is regularly instructed by local authorities to prosecute on their behalf. Cases have encompassed unfair consumer regulations, weights and measures, trade descriptions and health and safety. He also receives instructions to defend military personnel in court martials.
POLICE LAW
James is instructed by local police forces to provide representation and advice on operational police law and litigation.
Civil Applications
James has been instructed in the full range of civil restraint orders such as SOPOs, ASBO’s, Closure Orders; appeals to the Crown court such as firearms, cash detention and forfeiture. He has also acted in police property act hearings and licensing hearings.
Inquests
He has represented police forces and individual officers at inquests
Discipline
James has been instructed as legal advisor to the panel at misconduct hearings in addition to representing the police force themselves. He has appeared in appeals to the PAT
Disclosure
James has been instructed to act as independent counsel to assist the police in the execution of warrants where LPP or excluded material is thought to exist. He has also been involved in cases of reviewing seized material for LPP
He has been instructed to represent the police in third party applications for disclosure
Personal Injury & Clinical Negligence
James is instructed both for Claimants and Defendants across the whole range of personal injury issues including fatal accidents. He has experience in drafting the required pleadings and has appeared in both the County and High Courts in respect of liability and quantum issues.
CASES
Anderson v Spencer [2018] EWCA Civ 100, [2018] 2 F.C.R. 1
Court of Appeal upheld the judgment of Jackson J in that the High Court had an inherent jurisdiction to direct that DNA extracted from a sample provided by a deceased person while he was alive should be used for paternity testing after his death. The consent of the deceased's personal representative was not required.
Spencer v Anderson (Paternity Testing: Jurisdiction) [2016] EWHC 851 (Fam); [2016] Fam. 391; [2016] 3 W.L.R. 905; [2017] 2 All E.R. 846; [2017] 1 F.L.R. 1204; (2016) 151 B.M.L.R. 92; [2016] Fam. Law 808;
White Book 2017 Practice Direction 23BPD.3
Phipson on Evidence 19th Ed.
Chapter: Chapter 15 - Identification
Documents: (a) - DNA evidence
White Book 2018
Chapter: Section A - Civil Procedure Rules 1998 and Practice Directions
Documents: Practice Direction 23BPD.3 Applications Under Particular Statutes
Geo A Carter v Whorlton and Westwick Parish Council - Leeds County Court
Acting for the successful Claimant for a declaration that a right of way was for residential use over a village green in addition that the building of three new properties requiring use for the right of way would not be an excessive burden and within the original grant.
Crosbie v Potto Hall Management Ltd – First Tier Property tribunal
Acting for the respondent in the first tier property tribunal in a hearing concerning leasehold enfranchisement and the inclusion of restrictive covenants within the applicant’s property and reciprocal covenants. Respondents successful in resisting the application that there be no such covenants and of those included on the applicants’ property none were deemed to be reciprocal.
Genn v Mason – Leeds County Court
Property dispute over a farm and the land attached after sale by lots at public auction. Issues encompassed, width of rights of way, access points from the right of way, boundaries, construction of grants in the subsequent transfers dealing with use of the rights of way, various trespass and interference of such rights and harassment.
Cooper v Francis – Newcastle County Court
Application of a written agreement relating to property between a cohabitating couple both pre and post separation, and variation of its terms either written or orally.
H v J et al - High Court Chancery Division Newcastle District Registry
Representing successful claimant in her application for the pronouncement of a will, challenged on capacity, undue influence and want of knowledge and approval. Proceeded only on capacity in submissions the other two being dropped after cross examination of the defendant. Will pronounced.
Turner v Hinton – First Tier Property Tribunal
Acting for the Respondent when the applicant attempted to remove from the registry two car parking spaces claiming the Respondent had not had adverse possession of them. Judge found for the Respondent
R on the application of Siddique and Kingston Solicitors verses Clerk to the Justices Teesside Magistrates’ Court and Chief Constable of Cleveland Police
High Court - successfully represented the interested party in resisting an application for permission to judicially review the decision of the judge in the Magistrates’ Court in not awarding costs following the withdrawal of a cash forfeiture application
WHAT OTHERS SAY
"Very experienced in Chancery cases" Legal 500 2017
"Recommended for Chancery matters" Legal 500 2016
"Experienced in disputes arising from distributions of estates, wills and succession issues" Legal 500 2015
"A highly effective Chancery practitioner" Legal 500 2014
"James Kemp is noted for his ‘precise advice, given in a very timely and cost-effective way’" Legal 500 2013
APPOINTMENTS
Specialist Regulatory Advocates in Health and Safety and Environmental Law (Panel C)
MEMBERSHIPS
Society of Trust and Estate Practitioners (STEP)
LECTURES & SEMINARS
• Contentious Probate
• Agricultural law
• Trusts of Land
• Neighbour Disputes
• Civil litigation update
• Mock Coroners Inquest
• Expert Witnesses
• Environmental Damage - Interested Parties
PUBLICATIONS
In the blood
DNA tests; Deceased persons; Parentage.
Trusts and Estates Law & Tax Journal 196 (May) 20-23
Mind the Gap?
Anderson v Spencer
May [2018] Fam Law 592
DNA extracted from deceased may be tested in paternity dispute (Anderson v Spencer)
Lexis Nexus 19/02/2018
ADDITIONAL INFORMATION
James is a qualified PADI Master Scuba Diver. His interests include travel, photography and cycling.
He is direct access qualified and thus is able undertake suitable cases
SPECIALISMS
CHANCERY
As an experienced Chancery practitioner James has particular experience in the areas highlighted below. In addition to the relevant courts, James has appeared in the Property Chamber of the First-tier Tribunal and also represents clients at arbitrations and mediations. James is a member of the Society of Trust and Estate Practitioners (STEP).
Wills, Probate and Administration of Estates
Interpretation of wills and deeds of variation, intestacy, challenges to wills, probate actions, removal and substitution of personal representatives, issues arising out of the administration of estates, claims under the Inheritance Act and applications to the court for directions and orders.
Trusts and Settlements
The variation, rectification and termination of trusts. Interpretation of trust documentation, challenges to the validity of trusts, administration of trusts, removal of trustees, allegations of breach of trust and tracing against trustees and third parties.
Land and Real Property
Land registration issues, adverse possession and title issues, equitable interests in land, including trusts of land, co-ownership (TOLATA) and proprietary estoppel, trespass, nuisance and boundary disputes, mortgages, easements, restrictive and positive covenants, commons and village greens.
Landlord and Tenant
Commercial, residential and agricultural tenancies. Interpretation of leases, forfeiture and actions for breach of covenant, statutory regulation of tenancies including business tenancy renewals, leasehold enfranchisement and extension, service charges and commonhold.
Commercial
Consumer and commercial contracts, sale of goods, company and partnership law, directors' duties and liabilities (including disqualification), professional negligence and insolvency.
MENTAL HEALTH AND COURT OF PROTECTION
As society intensifies its focus on the vulnerable James has found increasing instructions to deal with those suffering from mental health issues. These have encompassed representing patients detained under the Mental Health Act at tribunals through to the Court of Protection representing “P” local authorities and the official solicitor dealing with such issues as DOLS, best interests, deputyships, powers of attorney and statutory wills.
AGRICULTURE AND RURAL AFFAIRS
James has developed a niche practice in this area. As head of Trinity’s Agricultural Practice Group, James receives regular instructions in both contentious and non-contentious matters relating to both the local rural community and elsewhere in the country.
He is often instructed in cases concerning agricultural tenancies, farm partnership disputes and the application of Agricultural Property Relief.
His chancery practice has stood him in good stead for dealing with property related disputes such as rights of way, other easements and boundaries. On a private client aspect James has received instructions on the ownership of farms and stock resulting from issues of succession and trusts. James is often called upon to advise on disputes arising from partnerships involving agricultural land and property.
James has built up a strong regulatory practice and has thus been instructed in cases stemming from environmental offences, health and safety, animal welfare, nuisance, and trading standards.
REGULATORY
Many areas of James’ civil practice encompass regulatory issues. As such, James is in the rather unique position to provide his clients with an all-encompassing service dealing with both aspects of their case.
James has particular expertise in the following areas:
• Environmental Protection
• Health and Safety breaches
• Agricultural provisions
• Trading standards
• Inquests
He has been appointed to the List of Specialist Regulatory Advocates in Health and Safety and Environmental Law and is regularly instructed by local authorities to prosecute on their behalf. Cases have encompassed unfair consumer regulations, weights and measures, trade descriptions and health and safety. He also receives instructions to defend military personnel in court martials.
POLICE LAW
James is instructed by local police forces to provide representation and advice on operational police law and litigation.
Civil Applications
James has been instructed in the full range of civil restraint orders such as SOPOs, ASBO’s, Closure Orders; appeals to the Crown court such as firearms, cash detention and forfeiture. He has also acted in police property act hearings and licensing hearings.
Inquests
He has represented police forces and individual officers at inquests
Discipline
James has been instructed as legal advisor to the panel at misconduct hearings in addition to representing the police force themselves. He has appeared in appeals to the PAT
Disclosure
James has been instructed to act as independent counsel to assist the police in the execution of warrants where LPP or excluded material is thought to exist. He has also been involved in cases of reviewing seized material for LPP
He has been instructed to represent the police in third party applications for disclosure
Personal Injury & Clinical Negligence
James is instructed both for Claimants and Defendants across the whole range of personal injury issues including fatal accidents. He has experience in drafting the required pleadings and has appeared in both the County and High Courts in respect of liability and quantum issues.
CASES
Anderson v Spencer [2018] EWCA Civ 100, [2018] 2 F.C.R. 1
Court of Appeal upheld the judgment of Jackson J in that the High Court had an inherent jurisdiction to direct that DNA extracted from a sample provided by a deceased person while he was alive should be used for paternity testing after his death. The consent of the deceased's personal representative was not required.
Spencer v Anderson (Paternity Testing: Jurisdiction) [2016] EWHC 851 (Fam); [2016] Fam. 391; [2016] 3 W.L.R. 905; [2017] 2 All E.R. 846; [2017] 1 F.L.R. 1204; (2016) 151 B.M.L.R. 92; [2016] Fam. Law 808;
White Book 2017 Practice Direction 23BPD.3
Phipson on Evidence 19th Ed.
Chapter: Chapter 15 - Identification
Documents: (a) - DNA evidence
White Book 2018
Chapter: Section A - Civil Procedure Rules 1998 and Practice Directions
Documents: Practice Direction 23BPD.3 Applications Under Particular Statutes
Geo A Carter v Whorlton and Westwick Parish Council - Leeds County Court
Acting for the successful Claimant for a declaration that a right of way was for residential use over a village green in addition that the building of three new properties requiring use for the right of way would not be an excessive burden and within the original grant.
Crosbie v Potto Hall Management Ltd – First Tier Property tribunal
Acting for the respondent in the first tier property tribunal in a hearing concerning leasehold enfranchisement and the inclusion of restrictive covenants within the applicant’s property and reciprocal covenants. Respondents successful in resisting the application that there be no such covenants and of those included on the applicants’ property none were deemed to be reciprocal.
Genn v Mason – Leeds County Court
Property dispute over a farm and the land attached after sale by lots at public auction. Issues encompassed, width of rights of way, access points from the right of way, boundaries, construction of grants in the subsequent transfers dealing with use of the rights of way, various trespass and interference of such rights and harassment.
Cooper v Francis – Newcastle County Court
Application of a written agreement relating to property between a cohabitating couple both pre and post separation, and variation of its terms either written or orally.
H v J et al - High Court Chancery Division Newcastle District Registry
Representing successful claimant in her application for the pronouncement of a will, challenged on capacity, undue influence and want of knowledge and approval. Proceeded only on capacity in submissions the other two being dropped after cross examination of the defendant. Will pronounced.
Turner v Hinton – First Tier Property Tribunal
Acting for the Respondent when the applicant attempted to remove from the registry two car parking spaces claiming the Respondent had not had adverse possession of them. Judge found for the Respondent
R on the application of Siddique and Kingston Solicitors verses Clerk to the Justices Teesside Magistrates’ Court and Chief Constable of Cleveland Police
High Court - successfully represented the interested party in resisting an application for permission to judicially review the decision of the judge in the Magistrates’ Court in not awarding costs following the withdrawal of a cash forfeiture application
WHAT OTHERS SAY
"Very experienced in Chancery cases" Legal 500 2017
"Recommended for Chancery matters" Legal 500 2016
"Experienced in disputes arising from distributions of estates, wills and succession issues" Legal 500 2015
"A highly effective Chancery practitioner" Legal 500 2014
"James Kemp is noted for his ‘precise advice, given in a very timely and cost-effective way’" Legal 500 2013
APPOINTMENTS
Specialist Regulatory Advocates in Health and Safety and Environmental Law (Panel C)
MEMBERSHIPS
Society of Trust and Estate Practitioners (STEP)
LECTURES & SEMINARS
• Contentious Probate
• Agricultural law
• Trusts of Land
• Neighbour Disputes
• Civil litigation update
• Mock Coroners Inquest
• Expert Witnesses
• Environmental Damage - Interested Parties
PUBLICATIONS
In the blood
DNA tests; Deceased persons; Parentage.
Trusts and Estates Law & Tax Journal 196 (May) 20-23
Mind the Gap?
Anderson v Spencer
May [2018] Fam Law 592
DNA extracted from deceased may be tested in paternity dispute (Anderson v Spencer)
Lexis Nexus 19/02/2018
ADDITIONAL INFORMATION
James is a qualified PADI Master Scuba Diver. His interests include travel, photography and cycling.
He is direct access qualified and thus is able undertake suitable cases
SPECIALISMS
CHANCERY
As an experienced Chancery practitioner James has particular experience in the areas highlighted below. In addition to the relevant courts, James has appeared in the Property Chamber of the First-tier Tribunal and also represents clients at arbitrations and mediations. James is a member of the Society of Trust and Estate Practitioners (STEP).
Wills, Probate and Administration of Estates
Interpretation of wills and deeds of variation, intestacy, challenges to wills, probate actions, removal and substitution of personal representatives, issues
